Becker, 1961 Lemert 1963, Erikson 1968.
Following my analysis of Adam’s behaviour and the results of attendance centre order, my approach is to ensure he is not subjected to further contamination that is described by Sutherland (1949)
Adam has the desire to be tough and smart (Miller 1962). He displays aspirations to own things he cannot afford, but his means to achieve them are blocked and therefore he innovates (Merton 1946).
The drinking can also relate to retreatism, which allows Adam to escape from the problems he is facing and the reality of potential failure.
My action would be to recommend within the pre-sentence report, prepared the Youth Offending Team a community punishment and rehabilitation order.
This order is made available through the Crime and Disorder Act 1998. This is a combination of up to 100 hours of work on a community punishment and rehabilitation order. Adam will be required to complete the specified number of hours of community work and keep to the terms of the rehabilitation order, which I will describe within this assignment.
The aim behind combing these orders will be to strengthen community penalties (restorative justice) and create a cocktail of several of practices to combat the criminality.
Name Adam Smith
D.O.B. 1/11/87
Offending behaviour criminal damage section 1 CDA 1971
Burglary (commercial) section 91a Theft Act 1968
Section 20 GBH 1861 Offences Against The Person Act
Theft section 1 Theft Act 1968 & 1978
Order of the court – alternative to custody – community punishment and rehabilitation order, maximum duration 100 hours.
Contents of the plan – Adam will be required to work 2 hours for 5 days a week over a 10 week period on a range of projects including:
- Working with the elderly
- Repairing and renovating public areas
- Distributing information on crime prevention
- Manual work in local parks and facility centres
This work will be directly supervised by a Youth Offending Team Officer.
Additional requirements –
- Residents order, which requires Adam to be placed with an experienced foster family for a 6 month period
- Adam will participate in a range of sporting activities to re-introduce him into the fitness training and rugby which he previously enjoyed prior to his offending
- Adam will attend counselling and mediation sessions which will include victim empathy
- Adam will undergo training at his local college to provide him with vocational skills relating to the building industry in which he express a keen interest
- Adam will attend a 6-week course on every Saturday over that period and will undertake units relating to crime and it’s consequences, offending behaviour and the victim’s perspective.
This action plan will attempt to re-direct Adams associations from the negative to the positive. It will allow his status and concept of self to develop within a model of social conformity. The sport and leisure requirement will provide him with the opportunity to experience excitement and reflect the cultural norm of toughness that is a dominant feature within his own self-concept.
This plan is a last attempt at diverting Adam from custody and the negative affects that labelling will produce.
The contents will provide Adam with expiation in terms of allowing him to purge his guilt, it will provide rehabilitation and reform through activities and new social experiences and most importantly it will provide him with commitment, involvement and attachment (Hirshi), the plan aims to provide Adam with a range of reasons why offending should not be continued (Hudson 1987).
This plan will use the community to find the cure as this is from where the cause first came, (Hudson 1987)
Whilst prison would be a clear option to the youth courts it is clear from the background information that this would only make Adam’s behaviour worse, which in turn would not be protecting the public, but would be putting them more at risk.
Keeping Adam out of prison makes good economic since and also is taking a long term view of what prison would do in terms of worsening criminal behaviour.
The issues that have been considered are:
- Protecting society
- Providing a realistic and socially acceptable response to Adam’s behaviour
- Investing in Adam’s future which in turn may prevent a further increase in his violent and criminal behaviour
- Removing Adam from his environment and the causes that many theorists believe to be central explanations relating to his behaviour.
The success of this community sentence will depend on Adam’s co-operation and the positives influences that must be applied to provide him with motivation and encouragement. The criminality reflected in Adam’s behaviour provides no other alternative but custody if this plan fails.
